The Jan. 27 document filed in Oakland County by Agro's attorney, Mary Chartier, lists several reasons for the need for a new trial.

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"Barbara Agro was ultimately convicted of one felony count of manufacturing marijuana, after she was denied her right to raise a medical marijuana defense at trial. Not only did Mrs. Agro have no intent to commit a crime, but she had no notice that her conduct would be deemed criminal."

The document goes on to say "comments made by the prosecutor denied Mrs. Agro a fair trial when the prosecutor argued that (Oakland County Circuit Court) may grant a new trial if errors that occurred would support reversal on appeal or because the court believes that the verdict has resulted in a miscarriage of justice."

The Feb. 22 response to Agro's filing by Oakland County Prosecutor Jessica Cooper states that Agro has not shown any grounds for a new trial.

"The issues she has raised have been addressed by court and the court of appeals on previous occasions," said Paul Walton, chief assistant prosecutor.

Agro violated the provision in the medical marijuana act that she kept her plants in an enclosed, locked facility, he explained.

"The door to her home was unlocked and no one was present when the search warrant was executed," he said. "She did not have a door on her basement where she was growing her plants which allowed any visitors to the home to have access to the plants. She admitted that she had minors ages 12, 10, 9 and 3 over at her home while she was growing her plants."

Before her trial Agro was given an evidentiary hearing, said Walton.

"In that hearing, the trial court ruled that she had not followed the law to law for an exemption under the medical marijuana act. She was allowed to appeal the trial court's ruling prior to the court of appeals. The court of appeals has denied her request. The case went to trial and she was convicted. Now she wants the trial court to reverse itself on her prior rulings and is also arguing that the Court of Appeals got it wrong in People v. King."

Chartier, Agro's attorney, said the act has evolved over time through court opinions. At the time of Agro's arrest, Agro "was in full compliance of the act," said Chartier. "She deserves a new trial."

In 2008, Michigan voters approved a ballot proposal that included physician-approved use of marijuana by patients with certain medical conditions and allowed individuals to grow limited amounts of marijuana.

A former Lake Orion police dispatcher, Agro, 70, worked as a receptionist at a medical marijuana dispensary in Ferndale called Clinical Relief. When the facility was raided on Aug. 25, 2010, Agro told deputies that she had marijuana plants growing at her house. Deputies found 19 marijuana plants and other items during a search of her Lake Orion home. Agro was convicted last June of one count of delivery/manufacture of marijuana, a four-year felony.

She was sentenced to 90 days of probation and ordered by Judge Wendy Potts to perform 20 hours of community service in July.

Agro also filed a claim appealing her conviction last fall.

Jerome Sabbota, Agro's attorney during last June's trial, said Agro deserves a new trial.

"I don't think she had a fair trail because the judge didn't allow the fact (she was a) medical marijuana patient," said Sabbota. He also said her complete statement provided to police was excluded from the trial.

"There was a question from the jury whether she was a medical marijuana patient and the judge wouldn't allow the answer," he said.

Because of this, "the jury doesn't get the entire picture. If the jury would have heard (about Agro being a medical marijuana patient), it would have been a different result," he said.

Contact Carol Hopkins at 248-745-4645 or carol.hopkins@oakpress.com. Follow her on Twitter @waterfordreport or on Facebook @OPcarolhopkins.